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Randolph Rabbe v. Wells Fargo Home Mortgage, Inc, 17-2404 (2018)

Court: Court of Appeals for the Eighth Circuit Number: 17-2404 Visitors: 16
Filed: Apr. 17, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2404 _ Randolph Michael Rabbe; Lisa Ann Rabbe lllllllllllllllllllll Plaintiffs - Appellants v. Wells Fargo Home Mortgage, Inc.; Wells Fargo, NA; Lathrop & Gage; Michael Jay Abrams; Jehan Kamil Moore lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western District of Missouri - St. Joseph _ Submitted: April 12, 2018 Filed: April 17, 2018 [Unpublished] _ Before GRUENDER, MURPHY, and BENTO
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               United States Court of Appeals
                          For the Eighth Circuit
                      ___________________________

                              No. 17-2404
                      ___________________________

                 Randolph Michael Rabbe; Lisa Ann Rabbe

                    lllllllllllllllllllll Plaintiffs - Appellants

                                         v.

 Wells Fargo Home Mortgage, Inc.; Wells Fargo, NA; Lathrop & Gage; Michael
                     Jay Abrams; Jehan Kamil Moore

                   lllllllllllllllllllll Defendants - Appellees
                                    ____________

                  Appeal from United States District Court
               for the Western District of Missouri - St. Joseph
                               ____________

                           Submitted: April 12, 2018
                             Filed: April 17, 2018
                                 [Unpublished]
                                ____________

Before GRUENDER, MURPHY, and BENTON, Circuit Judges.
                         ____________

PER CURIAM.
       In this removed action, Randolph and Lisa Rabbe appeal the district court’s1
dismissal of their civil action asserting claims related to a home mortgage. After
careful review, see Plymouth Cty. v. Merscorp, Inc., 
774 F.3d 1155
, 1158 (8th Cir.
2014) (dismissal for failure to state claim reviewed de novo), we conclude that the
Rabbes have failed to present any basis for reversal. See Fed. R. Civ. P. 9(b) (party
must state with particularity circumstances constituting fraud); Ashcroft v. Iqbal, 
556 U.S. 662
, 678-79 (2009) (pleading must contain sufficient facts to state claim that is
plausible on its face); Harris v. Interstate Brands Corp., 
348 F.3d 761
, 762 (8th Cir.
2003) (Seventh Amendment right to jury trial exists only with respect to disputed
issues of fact).

      Accordingly, we affirm the judgment. See 8th Cir. R. 47B.
                     ______________________________




      1
      The Honorable Stephen R. Bough, United States District Judge for the
Western District of Missouri.

                                         -2-

Source:  CourtListener

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